Accused killers of ice cream vendor appear in court

Three people charged with last month’s slaying of ice cream vendor Isidro Duran remain in custody as their attorneys take initial steps in their defense against murder charges.

Corina Curry

Three people charged with last month’s slaying of ice cream vendor Isidro Duran remain in custody as their attorneys take initial steps in their defense against murder charges.

Justin L. Dismuke and Michael C. Jennings, both 18, and Rafael E. Santos, 17, are in Winnebago County Jail on $1 million bond each, charged with first-degree murder for Duran’s July 15 shooting.

Jennings’ mother, Kimberly Jennings, and grandmother, Verna Jennings, believe Michael was at the wrong place at the wrong time.

"He was with me all day," Kimberly Jennings said. "We were at my sister’s house with his brother, just hanging out. At 5 p.m., I took his brother to Magic Waters and dropped Michael off at a friend’s house. Not those people. Not even at that location. ... You can ask anyone who knows Michael. This is not in his nature to do something like this."

Verna Jennings believes Michael was arrested and charged because of his race.

"This happened because these boys are black," Verna Jennings said. "Things went too fast. People jumped to conclusions."

Juvenile criminal records are not open to public view, but Kimberly Jennings said her son doesn’t have one.

"He spends time at the library on the computer," she said. "They call him ‘Bobo’ there because he reminds one of the librarians of a teddy bear she had named ‘Bobo.’"

Michael was born and raised in Rockford, Kimberly Jennings said. He attended Guilford High School and Roosevelt Alternative High School. He was planning to go back to school in the fall to obtain his high school diploma.

"He was a good cook. He talked about going to culinary school," Kimberly Jennings said.

According to court records, Michael Jennings received a traffic ticket for failure to reduce speed and operating a vehicle without insurance in January 2006. He pleaded guilty and received a sentence of court supervision and fines. A year later, the court moved to revoke court supervision because of a lack of payment. Kimberly Jennings said she and her son then made payments until June 28 when Michael Jennings did not appear for a regular court appearance.

According to court documents, Dismuke was found guilty of aggravated battery and mob action in 2006 stemming from an incident involving the beating of a former friend. Charging papers state Dismuke beat Shon Mangruem with a baseball bat with two other individuals, breaking Mangruem’s arm.

Dismuke had lived in Rockford for six years, court records show. He had completed the 10th grade in school and reported having no drug or alcohol problems.

He pleaded guilty to the battery charge in March, receiving a sentence of two years probation. In May, prosecutors petitioned to have Dismuke’s probation revoked because of a lack of compliance. Dismuke was not reporting to the county’s Day Reporting Center as ordered and he tested positive for cocaine use, according to court records. Those proceedings were under way when Duran was killed.

The cases against the three are adjoined, meaning the five counts in the indictment will proceed as one case unless they ask to be tried separately.

Dismuke, Jennings and Santos appeared Thursday before Judge Gary Pumilia and will return to court Sept. 27.

Attorney Patrick Braun, who is representing Jennings, said he’s received about 350 pages of reports and documents related to the allegations but is waiting for others.

"I want to get the whole picture," he said.

Duran, 47, of Chicago was shot to death while selling ice cream on Rockford’s near southwest side to a man and his 2-year-old daughter. Duran traveled to Rockford almost every weekend in the summer to sell treats from a pushcart. He was well-known among area children and their families.

Witnesses said Duran was shot in the back as he tried to flee from the three men who he thought were trying to rob him.

Santos is accused of being the shooter. He faces three of the five counts: murder, murder while attempting robbery and murder while committing a robbery. If found guilty, he faces 20 to 60 years for the slaying and an additional 25 to natural life for the use of a firearm — the most prison time of the three.

Santos’ attorney, Kathy McNeely-Johnson, spoke with Santos’ family members after his court appearance Thursday. McNeely-Johnson said she’s advised her clients not to speak to the media at this time.

Dismuke and Jennings face 20 to 60 years each in prison if found guilty of the murder charge.

Staff writer Corina Curry can be reached at 815-987-1395 or ccurry@rrstar.com.